Monday, 7 November 2016

Government of Bihar, as a result of public criticism has invited through an advertisement constructive suggestions on its Prohibition and Excise Act 2016. The suggestions have to be sent by 12th of November 2016 to the following email id:feedbackprohibitionbihar@gmail.com.

In response to the Government of Bihar’s initiative,
I wish to make the following suggestions as a practicing social worker and a
student of social science for the past thirty years.

1. Review
of the Bihar Prohibition and Excise Act 2016: It is
important that the Act[1] is
reviewed fully because this Act criminalises
those who turn substance dependent due to social, economic, as well as
psychological problems. The punishments for possession, consumption, storage or
transportation of even a small quantity of alcohol or such substance under the
Act are draconian in nature towards the individual, his/her family and
community. This Act leaves no scope whatsoever for warning, correction,
mitigation, reformation, rehabilitation and probation of a person who is
substance/alcohol dependent or a person in possession of alcohol or other
intoxicating substances. Along with the substance dependents, it criminalizes
social/moderate users as well. Besides, it has the scope of considering the
family of substance dependent, criminal too, with strict punishments. It has
severe provisions like arrest without warrant, confiscation of premises,
sealing of premises, etc. where any crime under this act is said to have been
committed. Furthermore it has the provision of collective fine for the “wrong
doing” of individual/individuals in an area and the whole community living
there could be held responsible for repeat offenses under the Act. Besides, a
lot of powers are given to the collector and even the police that could be misused. 2. Formation
of a Review Committee: In order to review the Act, it is
important that the Government of Bihar forms an independent review committee. The
review committee should have members of standing from different fields and different
walks of life such as lawyers, representatives of women’s organizations and
other NGOs, doctors, as well as members of organizations working on the issues
of substance dependence, de-addiction, treatment and rehabilitation of drug/alcohol
dependents. Sufficient time and resources should be made available to this
committee to be able to work effectively and independently. The working of the
review committee should be time bound. There are many examples of formation of such
review commissions/ committees that examine issues, laws, projects, etc.
affecting the lives of the people. Lessons from such review committees could be
taken for the effective formation and functioning of a committee to review the Act.

3.Public
hearings: As part of the review process, the review
committee as well as the Government of Bihar should organise public hearings to
seek suggestions on the Act from different stake holders, particularly women. Public
hearings among those communities and castes for whom alcohol brewing and use is
also a part of social, cultural and religious practice/rite should be
organised. Public hearings are important as large number of people may not be
able to respond to the provisions of this Act and give suggestions in writing. For
effective consultations, the Act should be made available to all stake holders
in simple language and sufficient time given to the people to respond.

4. Consultations:
The review committee apart from public hearings should also consult people of
repute who have been working in the field of treatment and rehabilitation of those
dependent on substance/drugs and alcohol. One such organisation of standing
that has been working on this issue for the past thirty years in Maharashtra is
Muktangan http://www.muktangan.org/
. There are many such organisations spread across the country and it is
important that their experience and knowledge is taken on board.

5. Study
of material and laws: Studies, other material as well as laws
pertaining to prohibition and provisions for rehabilitation of those dependent
on drugs existing in different States across the country should be studied both
by the Government and the review committee.

6.Substance
dependence not a criminal offence: While the process of
in-depth study, analysis and consultation on the Act is being undertaken by the
independent review committee, and till such time as the review committee
submits its report, I request that the Government of Bihar considers substance
dependence a social-economic issue/problem and not a criminal offence.

7.Social
awareness, economic support and reform: I request the
Government of Bihar to undertake social awareness, social support and social as
well as economic reform measures to check drug/alcohol dependence, rather than
severe punitive actions aimed at the victim/dependent and his/her family.

8.Suspension
of punitive measures under the Act: Substance dependence
requires counselling, social and medical support, de-addiction and
rehabilitation centres and not jails/imprisonment. I therefore request the
Government of Bihar to put on hold the punitive measures under the Act till an
independent review of the Act is completed.

9. Release
from jails: Till such time as the review of the Act is
completed, I request the Government of Bihar to release all substance
dependents, etc. incarcerated under this Act so far and focus on their treatment and
rehabilitation as well as economic support to their families.10. Broader
Plan:
I request the Government of Bihar to have a broader plan that could be
implemented over the next five years for social and economic advancement of the
masses to check the problem of substance dependence.The government should also establish more counselling, treatment and rehabilitation centers as well as family support systems to address this issue.

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About Me

After having passed Masters in Social Work in the year 1987 Nandini Oza has worked as a social and political activist for over two decades in Non Government Organisations and people’s movements. After 2002, she worked as a lecturer in the Government College in Badwani, Madhya Pradesh teaching the post graduate course in social work for two years. However since 2004, her primary interest and focus has been on writing. Her writings are focussed on social and political analysis and commentary as well as on contemporary history. She remains a student of social and political change and her writing draws considerably from this as well as her earlier work as an activist. She writes both, fiction and non-fiction, believes that social media is an important medium in today’s times and uses it meaningfully. Nandini Oza's first book titled, "Whither Justice- Stories of Women in Prison", was published by Rupa in the year 2016. This was translated in the year 2012 and published in Marathi by Mehta Publishing house. Rupa recently made the book available in kindle edition. Oza's next book titled, 'Ladha Narmadecha', has been recently (July 2017) published by Rajhans Prakashan in Marathi.